KRISHAN KUMAR MAHAJAN Vs. CANTONMENT BOARD

JUDGEMENT

(1.) By this writ petition, the Petitioner sought the quashing of, firstly, his transfer from Cantonment Board, Subathu to Cantonment Board Kasauli secondly, penalty of reduction in rank of the Petitioner to a post lower than the post to which he was initially recruited directly; thirdly, the penalty imposed on him vide resolution No. 81 dated December 6, 1984 (Annexure P-6); and fourthly, decision of the third Respondent rejecting the appeal of the Petitioner (Annexure P-22). The Petitioner also sought the direction to Respondent No. 1, i.e. Cantonment Board, Subathu, to give due increments and promotion(s) from the due date to the Petitioner and to pay the arrears whatsoever are found due to him. Apart from this, quashing of the direct recruitment of Respondent No. 4 to the post of Superintendent-cum-Accountant has also been sought.

(2.) The controversial facts are that the Petitioner being a matriculate, was appointed as Head Clerk-cum-Accountant by the first Respondent on June 39, 1960 (Annexure P-l). Subsequently, the designation was changed and he was appointed Office Superintendent-cum-Accountant. Later, he was confirmed as such on February 1, 1961 with effect from July 19, 1960. He continued to work as such till May. 1980. On May, 26, 1980, on his own request, the Petitioner was transferred from Cantonment Board, Subathu to Cantonment Board, Dagshai where he worked till May, 1982. Again, he was transferred to Cantonment Board, Subathu in view of the provisions of Rule 5-C of the Cantonment Fund Servants (Amendment) Rules, 1972 and he joined at the said place on June 9, 1982.

(3.) The first Respondent served a charge-sheet dated June 9, 1982 upon the Petitioner alleging that the Petitioner while functioning as Office Superintendent of the first Respondent from 1960 to June, 1980 misconducted by tampering with the date of birth and date of retirement in respect of Smt. Shardha Devi, an employee of the first Respondent, in her service book. Consequent thereto, the Petitioner was suspended.